Terms and Conditions

a)  All work carried out by Echo Boards is subject to a warranty period of one year from date of installation or completion of work. This warranty is in respect of faulty material, workmanship or design and is voided by misuse or by service repairs, modifications or adjustments made otherwise then by or as authorised in writing by Echo Boards but does not extend to cover normal maintenance items or wear and tear. The liability of Echo Boards in respect of this warranty shall, to the extent permissible by law, be limited at the absolute discretion of Echo Boards to replacement or rectification of the accrual faulty components or work and shall not extend to cover any consequential damage or loss howsoever constituted. Goods or components not manufactured by Echo Boards subject to limitations of warranty provided by the actual manufacture. All warranty works shall be carried out during Echo Boards normal working hours and the cost of transport of goods or personnel (including accommodation) to and from areas outside the metropolitan areas of Sydney, Melbourne, Brisbane, Perth or Adelaide are to be borne by the applicant.

b) Applicant agrees to be bound by the terms and conditions of trading herein as contained in any quotations, warranty, statements, operating instructions. Service or installation recommendation or contracts when and where stated on the current price lists, invoices and/or notices set generally to customers of Echo Boards the terms and conditions of trading herein are additional to any other terms communicated in respect of the sale of goods or the provision of services, and where they are in conflict, these terms and conditions of trade shall prevail.

c) Terms and conditions are subject to guide on the ACCC. For more information visit https://www.accc.gov.au/system/files/Consumer%20Guarantees%20A%20guide%20for%20consumers_0.pdf. Terms and conditions are subject to the Australian law where applicable.

d) Delivery to site is not included unless otherwise stated. Off-loading or site handling is not included. Should we be instructed to deliver materials to site ahead of the program and these materials cannot be installed; we would require a locked area for the storage of materials. The area would need to be clean environment suitable for the storage of micro process equipment.

e) Quotations shall remain available for acceptance for 30 days from that date of quotation, and thereafter we reserve the right to vary our offer. All quotations given by us are not covered by general conditions of contract, particularly regarding insurance, retention sums and liquidation damages. This quotation is subject to confirmation withdrawal at any time, until order is accepted by us. Prices are based on current cost materials, wages and labour conditions, at the date of the quotation. If at any period after the date of quotation increases occur in these items, then the quotation price will be adjusted to allow for such increase.

f) In the case of contracts involving installation and/or commissioning of equipment on site, our liability is limited to correct installation and operation of such equipment. No liability is accepted for associated equipment supplied and installed by others. Damage by others to equipment installed by Echo Boards during our installation and warranty period will be to client’s account.

g) Echo Boards shall not be liable for any act, omission or failure to perform the Contract is such act, omission of failure arises from and event of force majeure or from any unforeseeable cause reasonably beyond the control of Echo Boards shall never the less use reasonable endeavours to complete the work within the contract period. For the purpose of this clause, and or he avoidance of doubt,” force majeure” includes but is not limited to:

(i) War, weather declared or undeclared, revolution or act of public enemies.

( ) Riots of civil commotion.

(iii) Strikes, lockouts, stoppage of work or industrial unrest, restraints of labour and other similar acts.

(iv) Acts of God.

(v) Floods, storm, tempest, drought, fire or explosion, wash-aways, inclement weather.

(vi) Act of public enemies.

(vii) Availability of suitable labour.

(viii) Act of restraint of any governmental or semi-governmental authority.

(ix) Non availability of materials to meet installation schedules for any reason.

(x) Interruption to transportation.

(xi) Any event normally beyond the control of Echo Boards or our suppliers.

If any event of “force majeure” or any other cause prevents Echo Boards from carrying out its obligations under the Contract, Echo Boards shall notify the Contractor. Echo Boards shall use reasonable endeavours to recommence performance of its obligation as soon as possible, provided however that nothing in this Clause shall oblige Echo Boards, or his suppliers to settle any strike or industrial dispute on terms, which are not acceptable to it.

h)  We do not accept liability to the principal for consequential damage or loss. We are prepared to bear the risk associated without obligations to supply install and commission equipment in accordance with specification, but we are not prepared to carry the risk associated with causes beyond our control. Where insurance is applicable, the limit to any claim by all involved parties will be to the value claimable under our insurance cover. We do not accept responsibility to loss or damage to the works, or any part of the works, for which a Certificate of Practical Completion has been issued other than our responsibility to make good that part of the works, for which a Certificate of Practical Completion has been issued other than our responsibility to make good that part of the works which can be attributed to faulty designs, workmanship or materials.

i)  Credit Agreement terms strictly 30 days from date of delivery/completion/invoice/progress claim, and that in the event of failure to comply with the trading terms, the client will be liable to pay on all outstanding accounts at 5% above National Australia Bank overdraft rates, calculated per annum from the date from which accounts shall fall due.

(i) Should there be any default in the above payment terms, all monies owing by applicant Echo Products shall become immediately due payable.

(ii)  All expenses, costs or disbursements incurred in recovering or attempting to recover any outstanding monies including debt collection fee and solicitors cost will be paid by applicant.

(iii)  Echo Products reserves the right to withhold the supply of goods and services at any time without notice to applicant. Applicant will advise Echo Boards of all material changes in name and or financial status, which may result in the need to complete an additional application for commercial credit.

(iv) If this applicant is approved, a fixed credit limit will be determined by Echo Boards. Should the account exceed this limit Echo Boards reserves the right to withhold the supply of goods and services without notice.

(v)  Echo Boards reserves the right to increase and/or decrease the set credit limit at any time, without notice.

(i) Unless otherwise specified in writing by Echo Boards applicant shall take delivery of goods at applicant’s nominated delivery address and risk is respect of the goods, other than actual damage cause by Echo Boards shall pass to applicant upon such delivery irrespective of whether the goods have been installed or commissioned.

(vii) Any dispute is action in relation to these terms and conditions of trading shall be subject to the absolute jurisdiction of the laws of the state incorporation of Echo Boards and these terms and conditions of trading shall be binding upon applicant, its successors,

executor administrators and permitted assigns and shall incur to the benefit of Echo Boards its successors and assigns.

(viii) Terms and conditions of payment that apply for special orders, are a 30% deposit with order and the balance to be paid before consignment (leaving Echo Boards premises)

Retention of Title Terms & Conditions

(i) The applicant agrees and acknowledges that title in any and all goods supplied does not pass until monies have been received as cleared funds with respect to any and all outstanding invoices owed to Echo Boards.

(ii) The applicant acknowledges that Echo Boards may, at the customers cost, register its security interest in the goods supplied and all the applicants present and future rights in relation to the goods, on the Personal Property Securities Register (PPSR). Contracting Out and Waiver:

(a) Echo Boards need not give any notice to the Applicant or any other person (including a notice of verification statement) unless the notice is required to be given by the PPSA and cannot be excluded.

(b)  The Applicant and the Echo Boards agree pursuant to section 115 of the PPSA that Sections 125, 142 and 143 of the PPSA do not apply to this Agreement.

(c)  The Applicant, pursuant to section 115 of the PPSA, waives its right to receive any notice, details or other document from the Company under Sections 95, 121(4), 130, 135, 132(3)(d) and 132(4) of the PPSA.

(iii)  The Applicant will not:

(a)  permit to subsist any other security interest in relation to the Assets and Goods which would rank ahead of the Echo Board ‘s interest; or

(b)  except in the normal course of business, sell, lease or dispose of, or permit the sale, lease or disposal of, the Assets and Goods.

(iv) As title in the goods remains with Echo Boards the applicant agrees to hold the goods as Bailee for Echo Boards and to indemnify Echo Boards absolutely against loss or damage of the goods however caused.

(v) Echo Boards may at any time terminate any contract relating to the goods and the bailment without notice to applicant and may thereupon take possession of the goods or may assume the applicants interests and right (including the right to payment) under any contract in relation to the goods with a third party, such assumption of rights to be notice served upon the said third party.

(vi) Applicant authorises Echo Boards by its servants or agents to enter any premises owned, leased or otherwise occupied by the applicant in order to recover goods and indemnifies MPECS against use of reasonable force to obtain such possession; and

(vii) If the goods are sold by the applicant, applicant acknowledges that such sale is by applicant as Bailee for and on behalf of Echo Boards and agrees to hold the net process of the sale (after deduction of agreed selling expenses) on trust for Echo Boards until payment is made full to Echo Boards until payment for the goods.